Pandi Bazaar Viyabarigal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH WP(MD)Nos.19698 & 8987 of 2015 and M.P.(MD)Nos.1 and 1 of 2015 W.P.(MD)No.19698 of 2015:
Pandi Bazaar Viyabarigal Sangam, Rep. by its Secretary, S.Suresh, Having Office at (Registration No.176/86), Door No.6,R.M.S.Road, Madurai-625 001 ... Petitioner Vs.
Madurai District.
Madurai City, 3.The Commissioner of Corporation, 4.The Inspector of Police, Madurai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from in anyway granting permission to anyone to hold meeting, protest agitation, Dharna etc., at Pandi Bazaar area situated at RMS Road, Madurai and thereby ensure the free and fair business of the members of the petitioner's association.
For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.T.S.Mohammed Mohideen, AGP for R1 R2 & R4 Mr.R.Prabhuramachandran for R3
W.P.(MD)No.8987 of 2015:
Sri Meenakshi Bazaar Small Traders Association, (Reg.No.50/91) Rep.by its Secretary, I.Sirajudeen, Having office at No.4/1, Meenakshi Bazaar, Scott Road, Madurai 625 001.
... Petitioner Vs.
Madurai District.
Madurai City, Madurai.
3.The Superintendent of Police, Madurai District, Madurai.
4.The Commissioner of Corporation, 5.The Inspector of Police, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from in anyway granting permission to anyone to hold meeting, protest agitation, Dharna etc., at Meenakshi Bazaar area situated at Scott Road, Madurai - 625 001 and thereby ensure the free and fair business of the members of the petitioner's association. For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.T.S.Mohammed Mohideen, AGP for R1 to R3 & R5 Mr.R.Murali for R4 COMMON ORDER The Writ petition in W.P.(MD)No.19698 of 2015 has been filed to forbear the respondents from in anyway granting permission to anyone to conduct meeting, protest, agitation, Dharna etc., at Pandi Bazaar area situated at RMS Road, Madurai and thereby ensure free and fair business of the members of the petitioner's association.
2.The Writ petition in W.P.(MD)No.8987 of 2015 has been filed to forbear the respondents from in anyway granting permission to anyone to conduct meeting, protest, agitation, Dharna etc., at Meenakshi Bazaar area situated at Scott Road, Madurai and thereby ensure free and fair business of the members of the petitioner's association.
3.Heard the learned counsel for the petitioners, Mr.T.S.Md.Mohideen, learned Additional Government Pleader appearing for the respondents 1 to 3 and 5 and Mr.R.Murali, learned counsel appearing for the 4th respondent. 4.Mr.Balamurugan, Inspector of Police is present. 5.The petitioners, who are traders, are doing business of selling film VCDs and CDs. It is the grievance of the petitioners that, very frequently, the respondent Police are permitting various organizations to conduct demonstrations near their business place, which is causing hindrance to their business. Therefore, they have come up with these Writ petitions for a direction to the respondent Police not to permit any demonstrations near their place of business.
6.The learned Additional Government Pleader appearing for the respondents Police submitted that the Police have registered several criminal cases against the members of the petitioners' association under the Copy Rights Act for selling pirated DVDs and CDs. However, he also submitted that the respondent Police will not permit any demonstration to be held near the business place of the petitioners. He also submitted that demonstration will be permitted only at Arumugachandhi, which is far away from Pandi Bazar and Meenakshi Bazar.
7.Recording the undertaking given by the respondent Police, these Writ petitions are closed. No costs. Consequently, connected W.M.Ps.are closed.
Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To Madurai District,Madurai.
Madurai City, Madurai.
3.The Superintendent of Police, Madurai District, Madurai.
4.The Commissioner of Corporation, 5.The Inspector of Police, +1 cc to Mr.D.Shanmugaraja Sethupathi , Advocate in SR.No. 16867 +2cc to Mr.Special Government Pleader in SR.No:17058,17057 +1 cc to Mr.R.Prahuramachandran , Advocate in SR.No. 17157 +1 cc to Mr.R.Murali , Advocate in SR.No. 16902 +1 cc to Mr.N.Sathish Babu , Advocate in SR.No. 17107 TA/nbj AE/SV/MMS/18.04.2017/4P/12C WP(MD)Nos.19698 & 8987 of 2015 22.03.2017